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S 2985119th CongressIn Committee

Preventing Violence Against Female Inmates Act of 2025

Introduced: Oct 8, 2025
Sponsor: Sen. Cotton, Tom [R-AR] (R-Arkansas)
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, the Preventing Violence Against Female Inmates Act of 2025, would require federal prisons to house inmates based on biological sex and would condition certain federal funding to states on adopting the same standard. Specifically, it adds a new provision to title 18 of the U.S. Code barring housing inmates of different biological sexes together in detention facilities, with a limited exception for temporary, non-overnight co-location. It also amends the Omnibus Crime Control and Safe Streets Act to make states certify that they prohibit cross-sex housing and use biological sex to determine housing in order to receive subpart funding, again allowing a temporary cross-sex housing exception. The bill is framed as a measure to protect the dignity and safety of incarcerated women. The definition of biological sex is explicit (based on chromosomes, hormones, gonads, and anatomy present at birth). While aimed at preventing violence and improving safety for women in custody, the bill would also impact transgender and nonbinary inmates and the management of correctional facilities, as well as the way states administer prison funding.

Key Points

  • 1Title and purpose
  • 2- Short title: Preventing Violence Against Female Inmates Act of 2025.
  • 3Federal prisons (18 U.S.C. title 18, chapter 303)
  • 4- New Sec. 4052: Bar on housing together prisoners of different biological sexes.
  • 5- Definitions: Biological sex is defined by biological characteristics present at birth (chromosomes, hormones, gonads, anatomy).
  • 6- Housing rule: Bureau of Prisons must house inmates by biological sex and generally may not co-locate inmates of different biological sexes.
  • 7- Temporary exception: Cross-sex housing allowed on a temporary basis, not including overnight housing.
  • 8State prisons funding (Omnibus Crime Control and Safe Streets Act)
  • 9- New subsection (i) to 34 U.S.C. 10152: States may not receive Subpart funds unless they certify compliance.
  • 10- Certification requirements: States must (i) prohibit cross-sex housing in detention facilities (with limited exceptions) and (ii) require use of biological sex in housing determinations.
  • 11- Temporary exception: States may allow temporary cross-sex housing on a non-overnight basis.
  • 12Definitions and scope
  • 13- Clarifies what “biological sex” means and the scope of housing determinations for both federal and state facilities.
  • 14Enactment mechanics
  • 15- The state funding change takes effect in the first fiscal year after enactment; the federal housing rule is titled as a new provision to be enforced by the Bureau of Prisons.

Impact Areas

Primary group/area affected- Incarcerated individuals, especially women and any inmates affected by housing based on biological sex (including considerations for transgender inmates).Secondary group/area affected- Federal Bureau of Prisons (facility housing policies), state prison systems, and state-level administrators who administer federal criminal justice funds.Additional impacts- Safety and privacy dynamics in prisons, potential effects on inmate–staff interactions, and the handling of transgender and intersex inmates.- Fiscal implications for states due to the funding certification requirement.- Potential legal and civil rights considerations, including possible challenges or concerns from advocates and affected inmates regarding accommodation, safety, and medical/mental health needs.
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